Hatem al-Haj – QWD002 The Coherence of Shariah – Introduction 2
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To proceed.
So this is our second session here on
kwaad al fakayyah or the coherence of sharia,
legal maxims according to
the Khambari method or legal maxims with Khambari
applications
and others.
And if you remember last time we talked
we didn't cover much last time because it
was the first class,
but, we tried to cover the introduction.
When I went home, I regretted the fact
that I didn't give you a bird's view
of the book, because that should be part
of the introduction.
Did I? No, I didn't.
So basically, what I talked about last time
is why we chose Al Qaeda al Fakayyah,
benefits of learning Al Qaeda al Fakayyah
for the beginners and the intermediate level.
And everybody will get something different
from this class, whether they are, you know,
beginners, intermediate, or advanced.
And, I also,
also talked a little bit about
my methodology in teaching this particular class,
but I have not really told you about
the structure of the book
which I should have.
So I will do this,
today Insha'Allah.
Here is here is the structure of the
book. The book is, 4 sections. The book
on Maqad Al Faqiyyah is 4 sections. The
first section is at Tamhidi.
It's basically an introductory preliminary
introductory
section
And the first section is where we will
discuss
the 10 principles that should be discussed when
we when you introduce any particular
field of knowledge or any particular discipline,
to people for the first time. That will
be
discussed in the first section and I will
come back to it. So
we will have
4 different
sections
And if we go from left to right
I guess
this is English I guess. So I will
go from left to right. So Al Babit
Hamidi is the first.
So it's an introductory.
And then the second 1 will be Al
Qad al Fakayil Qalei Al Kubra.
So
Maxims or the Grand,
Legal Maxims. And we said that they are
5 and then they have
basically branches.
And the 5 we said, these
are by are but by their intentions
or judged by their intentions.
And we said, you know, Adiapillay ezurbishak,
certainty is not overruled by doubt. We said
should be no harm or reciprocation of harm.
We said that
which
means
hardship begets
ease or concessions.
And we
said
customs are giving consideration.
These are you know, and I was very
keen on mentioning these in the in the
first class because they'll give you some tasaw
or some conceptualization
of what this science is about and what
we will be discussing
in the science. Each of them will have
branches.
So these are called the grand.
And we will come to that definition
very shortly inshaAllah. So we will explain what
Qawahad al Fakayyan al Khulayyan al Khulayyan al
Khubra means. But these are called the grand
legal maxims.
So the second section of the book will
be about the Grand Legal Maxims
the 5
and their branches the 5 and their branches.
The third section of the book will be
about the independent legal maxims. And I did
mention a couple of examples
of independent,
legal maxims.
Ataba Ataba, for instance, the secondary is secondary.
You know? So when you have secondary clauses
in a contract,
they they basically
take the assume the ruling
of the,
primary,
for the subject matter of the contract that
they don't have an independent ruling
for them and then they have branches also.
This at Tabat Taber would have branches.
And
the Alhamal Aulam Alhamal
which is basically to employ
every part of the speech is given precedence
over
neglecting any part of the speech.
There are other coed for Ghraya that we
cannot fit neatly
under 1 of the 5.
So they're called independent
because they cannot be
organized under
the 5 Grand Allegiant Maxims.
So they are kuleia
and some people call them the sohrad, the
minor. I said I would refrain from calling
them minor because they're really not minor
in any
way. They're great legal maxims, but they were
not,
the grand title was not conferred on them,
the cobra
title was not conferred on them. So that
will be
viral cobra.
You know this is the only way I
can express this. Vayer el COBRA
which will be other
than
the
Grand, okay,
Hayr al Khobra.
And then you will have the last section
in this book will be called Ad Dawabit
Al Fakayyah
and we will come to the distinction between
Ad Dawabit and Qa'ad.
Ad Dawabit will be the regulators.
And briefly Adowaabit
will be aqa'at and pakayyah that are specific
to specific chapters
or to certain chapters.
So if you have
the scope of its operation is limited to
1 chapter, you don't call this
Qaida has basically
to
cross the borders between chapters. It has to
be the or
certainty is not overruled by doubt. Does it
cross? It crosses all the borders.
You can apply this anywhere in fact.
But
if you have a Qaeda
that is limited to 1 particular chapter
or adabid that is limited,
to 1 particular chapter
whether it is
I said that I would consider although it
would be controversial,
I
would consider it a regulator
adaab it not a paid,
which means
every
loan that will
accrue a benefit
for
the
creditor
is RIBA.
Why am I considering this a regulator? Because
it is limited in scope.
Like you can't apply this in an Ibadat
or you can't apply this in marriage. You
can't so it is limited in scope within
a particular chapter. So it would be called
the clubbot or regulator.
That is basically the structure. That's the bird's
view
of the book.
And by doing this if we finish Insha'Allah,
I hope that we do,
then we will have
covered to a great extent
the subject of Al Qawad
and fiqhayyah. And I did tell you that
the applications will be heavily hampered. And if
you do not, then you,
should take these Qawad because most of them
are agreed upon, and you should find applications
in your math hub if you have another
1.
So last time,
we were just about to start Al Babat
Hamidi.
Last time, we were just about to start
Al Babat Hamidi.
Which has basically the introductory
the introductory
principles that talked about
So we said there are 10
and then we'll
translate all of them. But how do I
intend to cover the 10 when you receive
the following documents?
Just because the 10 are not organized in
the same order
of these verses
and and certainly you should not limit yourself.
Poetry has limitations,
and we should be people of substance not
form.
Formalities
and and forms are not as important as
substance. So poetry has limitations. Certainly, I would
not organize
the the introductory
chapter,
in the same order that was mentioned in
the in the verses because
in poetry you have to basically pay attention
to the meter, but when you organize a
book you have to pay attention to the
logical
order
of the subjects. So
here is how these will be discussed. The
10 will be discussed
in this way.
We will first start by
Atarif,
1moudua.
And under atarif for maldua, atarif would be
definition.
Al Mauduwa is what subject matter.
Under tari for Ma'odua, we will talk about
this in the same this is a wahlan.
This is so I divided this into 5
sections.
The first
1
is a Tariq for Abu'a and al Forough.
Which we will come to that these are
the distinctions
between
legal maxims
and other related
related
sciences.
And when we say other related sciences, which
part of the 10 principles are we discussing
here? Relationship, nisbetuhu,
it's relationship to other sciences. So we will
talk when we talk about al Farooq distinctions
between legal maxims
and Usuri maxims, you know, principles of jurisprudence
or the science of Al Farooq, the science
of distinctions,
the science of,
you know Rashma'u Nada'er,
the science of Inadariat al Fakhaia, legal theories,
the, you know, the difference between the Qaeda
and the the Madraq and Mudraq or Madraq
as most of the people call it
and so on. So here in
in in 1, we would have covered the
3 of the 10
elements
of these introductory
principles.
Number 2, that we will cover
when it you know, here,
will be a list in that.
Right? We will cover list in that as
number 2. No. I'm sorry. I think we
will cover Al Aqsa and Mas'id because that
comes
comes next after
Al Aqsaam.
Al
Aqsaam
basically would be divisions
and the
topics
of the science,
the topics of the science. But this is
basically
not addressing the topics individually
but
a bird's view of the divisions and the
topics
of the science would be discussed in number
2.
Number 3
will be a discussion
of Elistimdad
and Alistim Dad
of course you know comes right out of
the 10 principles. It's called the Alistim Dad.
Alismus alismus alismus
alismus alismus alismus alismus alismus the the name
of the topic So this would, you know,
that's what we are talking about all the
time. So we will not discuss the alism
or the name of the topic even though
the definition
will be
a discussion of the name anyway.
Alistim, that means what? The sources
sources of the science. Where where do we,
deduce the science from or where where did
do we bring the science from?
And then,
4 will be
Wat
Tathahur.
Azzuhr is what,
the big
emergence, so the beginnings.
Beginnings of the science at the Tawur would
be development or progress.
Development.
I'll get used to it. It's my first
time using this type of thing.
So beginnings and development.
So where is this when it comes to
the 10 principles?
Alwada, you know, Nisbetuhu Afadluhu Alwada Alwada, the
the founder. So founding,
will be discussed
here.
And finally,
number 5,
we will discuss,
we'll discuss multiple things in number 5 because
they are interrelated. We will discuss Ith Tamara,
the benefit of learning this knowledge. We will
discuss al Hudayyah
Hudaytulqad al fakayyah
which is not included in the
in the 10 principles so that is the
proof value
of Al Qa'ad Al Fakayyah. The proof value
of Al Qa'ad Al Fakayyah and we will
discuss Al Hakm the hokm of learning Al
Qaad Al Fakayyah and that is 1 of
the 10 principles. So to summarize 1 of
the 10 principles. Al Hakm is 1 of
the 10 principle principles that's the benefit and
the ruling of learning it.
We say
is, you know, the ruling of,
the legislator when it comes to learning it.
So 5 will
be as Samara
that is the fruit,
fruit or benefit of learning the science,
the proved value, because it's part of the
summary. You you want to know,
you want to know how you will be
able to use Al Qad Al Fakayyah.
Are you going to be able to use
aqa'ad alfaqiyyah
to deduce rulings?
Will you be able to use aqa'ad alfaqiyyah
as evidence?
Will you be able to use theqa'at? Can
you bring aqa'idah and use it as evidence?
And we will discuss what
what he said about this.
And then, basically,
do you have to learn a Qadul Fakayyah?
Does everybody here have to learn a Qadul
Fakayyah?
Does every Muslim have to learn Qadul Fakayyah?
This will be discussed under Al Hakim.
So have we covered the the 10 here?
We should have.
We said in ESMO we will not that's
what we were talking about all the time.
So ESMO will not be discussed. So we
need to come up with 9.
Okay? Where are the 9? The definition,
subject matter,
the relationships
with other sciences,
4,
Alastimdad
5,
that's the sources,
the founder,
6,
Samara,
the fruit or the benefit,
7.
8.
We're missing 1. Where is it?
Fadluho.
Fadluho. Fadluho would be, like I said, this
will be
where we discuss summarize the benefit. We will
discuss the fuddle of the knowledge or the
virtue
of this knowledge
when we discuss,
the benefit
and its proved value
and its hokum.
So all of these are interrelated. So this
will be discussed here. So that is how
we will cover
all,
10 principles.
Okay.
Start by tareef, the definition and the subject
matter.
We want to introduce the science and certainly
we should start by tareef
and we will talk about
who Al Qad Al Fakayyah
what this definition means.
Al Qad
alphapal.
Okay,
last time we wasted a lot of time
talking about definitions
as part of the science of logic.
We didn't waste the time but some may
think it was wasted
because it's not directly related to this, to
this particular discipline.
But
last time we talked about definitions,
as,
basically
in our study and logic, definitions would be
necessary for conceptualization.
In the Tymelean critique of our study and
logic,
definitions are neither necessary
nor sufficient
for conceptualization,
but are
important
distinction,
to to distinguish 1 thing from another.
Because when you say, like, the human is
a rational animal,
that that would not give you a conceptualization
unless you have seen a human being. You
know, like, really, if you haven't seen a
human being and you say that human is
a rational animal, what is an animal?
And what you know, you need you need
a definition for every element of these of
this definition. And then you need another definition
for the breakdown and so on and so
forth. And it will not result in conceptualization.
So it is not sufficient. Is it necessary?
No, it's not necessary.
But it is important still.
It is valuable still.
Valuable for what? To distinguish 1 thing from
another.
So that is what a tariff
is about.
And in order for a tariff to distinguish
1 thing from another,
what have we
basically, you know, the scholars of Islam, what
have we
required
in a definition.
We required in the definition to be
jammermanna
motared,
monahakis.
And
we require zuhur,
zahr.
You know?
So when you define something,
when you say what is the definition of
asset? You say ghadanfer,
laced.
Asset is clearer than,
the other names for the lion. So you
don't use a sort of a more subtle
name to the the this is called the
nominal definition when you
define,
1 word by another word, it's called nominal
definition.
So you don't define 1 thing by something
that's more subtle than it.
So it has to be clear clearer than
the defined. The definition would have to make
the defined
clearer
to the listener.
Okay?
So this
we will not talk much about this because
it's clear.
But what is jamah?
Jamma means
what? Inclusive.
What is Mana? Exclusive.
What is Mottared?
Universally
applicable.
Universally applicable.
What is monarchies
reversible?
Okay, so
Jannah inclusive what does that mean?
It means
that
the definition
would be inclusive
of
all that is defined by it.
Like you will not find so when we
give a definition for aqa'at of Haqqaiyah,
no 1 can come and say here is
aqa'at of Haqqaiyah, this definition does not apply
to it.
No 1 would be able to say this.
It is inclusive.
Okay?
Exclusive
means what?
No 1 will come and say this is
not aqaheda fiqhayyah,
this is not a legal maxim, but your
definition still applies to it.
Then we have not excluded everything that is
not meant to be
part of,
the defiant
with that is not meant to be part
of the defiant.
How is Muhtarid and Munakis? Muhtarid means universally
applicable
and Munakis means reversible.
Motared is
like Mana and
monakes is like Janna.
Motared
so whenever you find the definition,
you find
the
defined.
Whenever, you know,
whenever there the definition whenever there is
a the definition exists, the define exists and
this would be
the opposite.
So mutared universally applicable
will mean exclusive.
Whenever you find whenever you give you you
mentioned the definition
it will apply
It will apply.
Meaning, it does not apply to anything that
is not part of the divine
defined,
which means exclusive.
Here whenever you find
the defined, you find the definition.
Whenever you find the defined,
you know, the definition will apply to it,
which means
that there will not be anything that is
part of the defiant
that your definition does not apply to it.
Therefore it is
inclusive. Just remember,
notared, university applicable,
is is like Mana
and the monarchis
reversible is like JAMA or inclusive.
Your definition needs to be inclusive, needs to
be exclusive,
needs to be universally applicable, needs to be
reversible and to be clearer than the defined.
This is a good definition.
Okay,
okay. So now
now let's define Al Qaeda Al Hakaiyah. So
when they define Al Qaeda Al Hakaiyah and
usually that is something they do they start
by
a linguistic definition and then they give a
terminological
definition.
A linguistic definition followed by a terminological
definition.
And when they when they need to give
a linguistic definition,
if you if the if the name
or or, you know, the subject is is
given,
basically,
1 love that is 1 utterance,
1 word, then it's it's easy, you know,
we just define this.
But if it is like
Qa'ad Al Fakhaia is 1 word or 2
word?
That's 2 words. So when they want to
define something like this, they would say this
is mohrab.
Love the morakkab.
Morakkab meaning compound or composite.
In in logical terminology,
the the word is composite
versus simple, simple versus,
composite. So they will say that this is
love the mohrab.
To to say what? To say, I need,
therefore,
to define each element of this
and then I can give you a definition
of the turqib
in totality,
but I will need to
divide each element of this.
Why
why do I need to define each element
in this?
Because
what kind of mohrab kab is this love?
Okay. So maybe we'll do some we'll go
on a tangent here.
I'll come back, but we'll do it. Well
well, be be because this is this is
helpful.
When you the concept of Mufrad and Morakkab,
Mufrad and Morakkab.
Mufrad is what? Simple.
Murakkab is what?
Like I said, composite or compound?
This concept applies in different disciplines and it
has
different,
applications
and different
conceptions
in the different disciplines.
So,
for instance
the the discipline of linguistics
or for us it's Nahu.
You have the different you have the discipline
of logic or mantug,
and you have
the discipline
of philosophy, particularly
philosophy of metaphysics,
philosophy
of metaphysics or theosophy,
if you if you may.
Theosophy.
Philosophy of metaphysics.
So these are 3 different disciplines. Mufrad and
Murakkab apply, you know, they they have different
conceptions in these disciplines.
In in linguistics,
because we we care in linguistics about the
utterances, the words,
Here we care about concepts and Mefahim,
conceptions and logic.
So in linguistics,
Aladdin Murakkab
would be
so let me tell you this, when you
say,
brought together all of the sciences of Imam
Ahmad
in his Jannah,
encyclopedia
or, you know, the
large
book.
His
his boy, his servant
Abu Bakr Abdul Aziz,
his servant
was called the Qalam al Khallal because he's
always around Al Khalal. So they called him
Qalamul Khalal
or Al Khalal is boy or Khalal is
servant. He's actually a student
and he is,
you know, and in fact, the Zhabi said
no 1 in the Hanbali Mathab
was great, came close to Ahmed,
except Al Khallal.
And after Al Khallal,
Abu Bakr
Abdul Aziz, his his,
student
called the Gwalam Al Khalal. Okay.
Gwalam Al Khalal
is simple or composite?
Composite?
Yes, it is composite.
Composite
until, you know, and and in linguistics it
will be composite.
But when we study
linguistic significations
in
linguistic significations
in logic
So we have 2 mabahas in logic. 1
is linguistic significations
and the other 1 is mabahasatasawurat,
conceptualization.
So when you study linguistic significations
In logic, these are called
and this is a Tasawurat
conceptualization.
Okay. Uwalam Al Khalam
when here in this study in these chapters,
linguistic significations,
is it composite or simple?
Composite.
When does it become simple?
When it becomes like a proper name,
it becomes simple.
When you say A'Abdulla,
the servant of Allah,
composite or simple?
Composite.
Does it become simple? Yes. If it becomes
name.
Does it become simple
name?
Because it refers yes.
Because
Laya Dzul lujuduz love the Al Aju's il
Mahana.
So the difference here
in this,
in this particular discipline
between simple and composite,
Simple
part of the expression
refers to part of the meaning. No no
no part of the expression refers to any
part of the meaning.
That is
so no part of the expression refers like
when you say
Zayed.
Okay.
This is part of it.
You know, al zay is part of it.
Does it indicate part of the meaning?
No.
When you say ahabdulullah,
part of the expression indicates part of the
meaning?
Yes,
servant of Allah.
When this becomes the Alem, like a proper
name,
Abdullah may not be praying to begin with,
Right?
Unfortunately.
But, you know, there's
there are many people called Abdullah and they're
not they don't pray and they're they don't
worship God and they have nothing to do
with God.
So
in this case
it does every part of
the expression
refer to part of the meaning or does
the 2 parts do these 2 parts of
the expression refer to parts of the meaning?
They don't.
It's just a proper name. In this case,
it would be simple or composite?
Simple, not composite.
Okay, so this is in linguistic signification.
What about the this the conceptualizations?
Tassawarat. Conceptualizations
or Tassawarat.
Abdullah,
does it
is it simple or composite?
Simple.
Never composite.
You know because
the you know in a Surah Al
Ahmad al Akhdar I Rahimahullah
to recognize a simple word, a simple
that this is here
here mofrad means what?
Objective thought.
In the in the discipline of conceptualization,
mufrad is not a word or it's an
objective thought.
Is this 1 objective thought?
Yes.
Is known as a conceptualization.
You know, when you recognize an
thought
that is known as conceptualization.
And when you recognize a relationship
between 2 things, 2 categories,
when you're when you recognize a relationship between
2 categories
that is called what? Tazdiyakat
or assertions.
Assertions or,
Tazdiyakat.
So in this particular discipline
the simple
versus the composite
is is it 1 object of thought?
Yes. If it is 1 object of thought
that is amenable
to believing,
or denying.
Can
you believe this or deny it? Can you
believe
Zayd? What do you mean? What believe what?
When you say Zaydun is
standing,
now you can believe something or deny it.
Then now you can believe something or
deny it.
And then in philosophy, I'm not gonna go
there because I'm not coming back if I
go there
But,
but this is the,
you know,
why why in Aristotelian logic God has to
be radically simple
and
the there should not be any composition
because you would need a composer and that
is why they said that God cannot have
any qualities,
has to be radically simple, and we can
refute this, you know, all the time.
But anyway,
yeah.
Plus?
Really? No. No. No. On the screen. Here?
So now this Al Qad Al Fakayr, Qad
Al Fakayr.
Mufrad or murakab, simpler
composite?
What type of composition?
There are 2 types of composition.
There is 1 type of composition which called
the tam mannakas,
complete and incomplete.
The composition that is called the tam
is where you can just
it's a jamla mofidah. You know, it's it's
basically a statement
that will,
be sufficient, that would be complete.
You don't need to say anything more.
And the Joml al Mufidah can be 2
types, declarative and imperative.
Imperative we don't care about it. It doesn't
matter to us here or in logic.
We're talking about the declarative.
So declarative and imperative. Habareya and insha'a. Declarative
is habareya,
imperative is insha'a.
When
I say
you, hold this pen,
what is this? Imperative or declarative?
In Sheaia or Khabareya. In Sheaia,
imperative.
Is this subject to believing and or denying?
No, it's not. So
and and we don't care about any kadayah
or preposition
that is not subject to believing or denying.
It's just a command, just an imperative
statement. So we will not need to to
deal with this here.
Now you have
the the declarative statement, and the declarative statement
has to be complete.
When I when I say to you,
okay. So I I meet Abu Ayub and
I tell him Mohammed Hasaball.
And then he says, what yeah. What so
what about him?
And I say,
the 1 who lives in Paterson,
and he says, yes. What about him?
He went to Medina.
Now he says, okay.
Thank you.
You you you've basically shared the benefit with
me.
He went to Medina.
When I said the ones who lives in
Paterson, what is that?
Okay. Is mister Khib
Mohammed Hasaballada the Patersoni?
Is this Tarqib or, you know, he's not
but is this Tarqib?
Tarqib.
Okay.
But is it helpful?
No. It it it doesn't, you know, it
it's helpful in 1 sense.
So,
okay, tarkib here,
this is a composite composite
statement here. It's it's certainly incomplete.
I have to basically say,
so what? What is wrong with him or
what what about him?
So when you say
okay. So
at atarkib here would be
2 types
qualifying
you know, aside from aside from al
Isnadi which is the predictive statement
predictive statement that will, you know,
that will be complete that will share some
benefit.
Went to Medina,
predicative statement.
Uh-uh came back from Hajj, Predicative statement. Now
you have told me something,
you know, that I
can learn
that I may be able to say
may be able to say, no, I don't
believe you.
He didn't go to Medina. He didn't come
back from Hajj. He never went to Hajj.
You know, I can say that
or I believe you. Yes, he went to
Medina.
So
this will be Isnadi's predictive statement,
but if you if it is not a
predictive statement and then it can be
Whatever.
Non
qualifying, non qualifying.
When I say Phil Beit
and just say Phil Bayt, is this composite
or simple? Composite.
Takedi qualifying?
No. No. Not.
In the house, I was you know,
when I say
to you,
Mohammed
Al Madani,
Okay. This is qualifying or not?
Qualifying.
Because I restricted
basically
your,
thoughts about, you know, which Mohammed
to Mohammed al Madani. Mohammed al Madani.
Muhammad al Madani is different from Muhammad al
Makki.
There could be more than 1 Muhammad in
Medina that are called Muhammad al Madani,
but
is it still qualifying? It's still qualifying,
it's still qualifying.
So what type of qualification
is that?
So when you have qualifications,
you have
or
al Murakkab
that is qualifying. Al muraqab et taqidi could
be
edafi
and wasfi.
Edafi or wasfi.
Adafi
this is basically the genitive composition.
Genitive composition
and wasfi
this would be
descriptive
composition.
Genitive composition
or descriptive composition?
Al Fakayyah
is Sifa
or Mudaf ilay.
Sifa.
Sifa Al Qaad. So it is descriptive composition.
It is wasfi. It's taqidi,
qualifying
and the type of it is wasfi.
How can we make it generative composition?
You say Qawad Al Fakk.
Qaad al Fekh would be
the principles of Fekh,
the maxims of Fekh,
maxims
of
fiqh.
Is this a composition?
It is a generative composition.
Now al Qaad al Fakhayyah
is fakhi
maxims.
In both cases, they are qualifying.
And in this this is why
the qualifying
composite
statement,
you have to break it down
in your definition
so that you could figure out
what each part of it means
and then you can conceptualize
the
in its entirety.
Okay,
So here
we have Al Qawad
Al Faniyah.
Then we will need to define Alfaqir,
and then we will need to define
Alfaqir.
Al Qawad is the plural of Qaida
which means I'm gonna have to you know
speed up a little bit. Qaida is plural
of Al Qaida.
So Al Qaeda means an Arabic foundation.
The foundation the foundation of a building Qa'ida.
And
remember when Ibrahim was raising
or, you know, the Qawad
or the foundations of the house
or establishing,
building the foundation of,
the house, The foundations of Al Kaaba,
Asas Al Kaaba, the foundation of Al Kaaba,
the pillars upon which the structure
is established.
So that is the definition of Al Qawad
in the language.
Al Fakayyah,
everybody knows Al Fakhaia.
Now if you want to define
Al Qaeda
terminologically,
al Fakha in the language means al Fakha,
you know, understanding,
comprehension.
But al Fakha for the astagh we will
come to it.
If you wanted the final terminology
what would you call it?
Okay. So it is tabaya kulayya or amron
kulayya.
The the the exact definition
that is supplied here
is
It's a universal
principle
or proposition
because
these are heavily influenced by the definitions are
heavily influenced by logic.
So it's a universal
proposition
that applies to all of its particulars.
Universal
Cabella means proposition.
Kollei
means what?
Universal.
Universal
is is
basically the opposite of Jus Eia. Right?
Jus eya means particular
and the difference between the particular and the
universal
is the universal le amna al shtarak.
There are different members in this
different
members in this category,
different members that share in the same category.
When you say Assad, lion,
different members share in this category.
When you say Mohammed,
you know, and meaning
this Mohammed,
this is Juzaiyah,
particular.
No.
This is not true. No members share in
this category. It is a particular,
basically category.
So
here it is kabeh kulei universal
proposition.
Applies
to all of its particulars
and that is why
it is called Qa'ida.
It is a principle. It applies to all
the particulars. Ir Yaqin Layazul Bishak,
you know, certainty is not overruled by doubt
will apply to many many many particulars.
So I hope that this is,
clear.
Now
so if you want,
to define fiqh, how do you define fiqh?
Terminologically
is it terminologically?
All of this is in is in the
document I shared with you.
Sharaya Sharai,
Muqtasaba
would be deduced
from
Adelata evidences.
It's a count word, by the way.
You know, in modern English, it's not a
count word, but it is a count word.
You could say evidences.
Detailed.
So al Firk is, you know, Firk is
when you give
1 of 5 categories or in the Hanafi
Madhub 7 categories
or 7 values
to every human
action.
Every human action
will belong to 1 of 5 categories.
What are they?
Obligation,
recommendation,
or preference,
permissibility,
values
about giving 1 of these 5
to every human action.
If you're scratching,
what is that?
Halal, haram, what is it?
Permissible.
Okay. So it is permissible to scratch.
And
anything just imagine anything, any human action,
any action of the accountable entity
will basically
be given
1 of these. Is this suffocating?
Because the default for us is permissibility.
The default for us is permissibility
when it comes to customs, when it comes
to
you know, things that are not,
Ibadat,
the default for us is permissibility. So there
is no suffocation here.
Okay. So you got the definition of Al
Qaad, you got the definition of Al Firk.
Now
let's define
the Al Qaad al Firkayil.
If we got the definition of both Al
Qaad and Firk
in this composite
term,
final card al Fakayyil.
So,
this is this definition
is chosen by Sheikh Saad al Shathri.
He says,
a universal fiqhih
legal ruling that applies to numerous particulars from
various chapters.
Okay. So it is a rolling. You could
say kadayah because sometimes they say a kadayah
and sometimes they say a hakma. You could
say a kadayah proposition or a ruling but
he preferred the ruling because
they are rulings.
So it's a ruling.
Koli means universal.
So
that
distinguishes
between
Qaad al Fekhi and Fekhi.
Fekhi rulings are particular.
Kwaad and Fakih are universal.
Fakih
that distinguishes Alqaad al Fakih from Alqaad Rasulayyah
and other types of Kwaad.
So it
pertains to fiqh.
Yom Tabiqa
applies
Allah Juz Iyati its particular
many many
particulars
many
particulars
many
particulars
that's
important.
Min abwab muhtalifah,
different chapters
from different chapters
or various
chapters.
So here
you basically excluded
what
Sheikh itself because it's not universal.
Here you excluded what
other sciences that have Kawahat, Kawahat of other
sciences, Kawahat of Al Usul, Kawahat of other
sciences.
Here,
just iyat yantabak applies to
many particulars
from different chapters
different chapters. You're excluding what? The regulators,
the law but you're excluding the law but
the regulators that will apply only within
1 chapter that have narrower scope of operation.
And
here, if you use this definition and this
is where
we want to come back to the beginning,
we said
JAMA,
Manna, Motta, Motta, Monekis,
Vahir.
Is it inclusive,
exclusive,
you
know, multared universally applicable, monarchist reversible
and clear.
So
now we challenge ourselves,
come up with
something
that,
you know, will be under this definition
that is not tied up a payee?
Is it inclusive?
Does it include all the qarad?
This is, inclusive of all Uqaad al Fakayyah,
exclusive of
everything that is not Qaida al Fakayyah. So
Qaida al Usuleyyah will be excluded by this.
Al Fakkha with the rulings
of Fakkha will be excluded by this.
Al Dawat al Faqh will be excluded by
this
various chapters.
So this is a good
definition.
This is
a good definition.
And I'm just going to do a tatbirq
1 tabbib and we will end with this
1 tabbib.
So
Aliaqin,
Certainty,
but
overruled
by
doubt.
How do you like English from right to
left? Okay.
Certainty is not overruled by doubt.
Apply
the
apply the
the definition.
Is it Hakim? Is this a ruling? Yes.
It's a ruling, of
course. Is it you know, can you say
yes or no to this?
Yes. You could believe it or not. It's
a, you know, it's a conveyor. It's a
proposition. It's a rule it's eroding here. You're
you're, basically
attributing,
like, 1 category to another category.
Alright.
How come is it
universal?
Of course.
You know, it doesn't get any more universal.
You will find the applications for this in
marriage,
in divorce, in
financial transactions,
in rebadat.
We give the example of if you
have wudu and you forget if you broke
your wudu or not. Do you have wudu?
Yes, you have wudu, because
you know, the uncertainty was that you had
voodoo at 1 point and you're not sure
if you broke it or not.
If someone
is unsure whether he divorced his wife or
not, obsessive people pay attention to this.
There
are so many people who have
OCD particularly
here. So if someone is unsure whether they
divorced their wife or not, is she divorced?
Why? Because in nikachabadbiakin,
laior fabischak nikach was established through certainty.
Marriage was established through certainty, will not be
overruled by doubt.
And,
you know, in in financial transactions, we apply
this all the time. In Kava, we apply
this judiciary
and etcetera.
So koli, of course koli.
Fekri,
of course fekri.
Why is it fekri?
Why is it Fiqh?
Because
what is the subject matter of Fiqh?
Hafa'al al mukhanlafeen,
the actions of the accountable individuals.
What do we mean by subject matter?
We'll discover this subject matter thing
because it's coming next. What do we mean
by the subject matter
of a science? What is the subject matter
of medicine?
Human body,
because that's what the science
basically investigates.
That's what the science studies
and investigates the human body and the different
conditions of the human body and so on.
What is Fiqh attempting to do?
Find the ruling for every human action. What
is the subject matter of Fiqh? Mawdu al
mil fiqh.
Human
actions because that's what we're examining
to find the ruling for each and every
1 of them.
Is this
a fecky? Yes,
because this is how you're looking at it.
You're looking at it from this perspective,
from the perspective of being
a,
a, maxim.
Can 1 thing be a Fekhii maxim and
an Osuri max maxim? We will come to
this when we discuss the distinction
between Fekh and Osur. But so far,
we have established that this is hookm, it's
quli,
and it is firqi.
Does it apply to the, you know, multiple
particulars
in various
chapters?
Yes, we have shown that. That definition applies,
to this and this would be a good
application
to keep in
mind.
And,
I guess, inshallah,
we will
start next time
to discuss
the distinctions
between
Qaad al Faqayyah
and
you know, let me give you a quick
summary for the next time Insha'Allah
so that you go back and
study.
We we will need,
you know, since Imam Abu Abbas ibn Taymiyyah
said that the most important part of the
definition is to distinguish between 2 concepts.
It is very befitting
to include right after the definition
distinctions
distinctions
because that is what we need the definition
for.
And we will not have complete conceptualization
of the distinctions
unless we actually show the distinctions.
So
where will be with what?
First thing first thing, because
there is overlap and sometimes confusion.
And also Leah is also al Fekh. Okay?
Or the legal, Prince of Jurisprudence.
Then
are the objectives of Sharia.
Maqasid are the objectives of Sharia. Maqasid are
the objectives of Sharia. So the principles of
Maqasid or the objectives of Sharia, then
these are the legal theories.
Then
these are the distinctions
then
how do you how did we translate it?
Would be analogs that asbahah, resemblances,
similarities and analogs? Similarities
or something?
Yeah. Similarities and analogs.
And then,
then in Madari,
Al Mudra.
Pronunciation is Al Mudra. Most of the people
say Al Mudra,
but
the people
of linguists say it should be in Modrak.
This is where you you get your ruling
from
and we will come to this discussion. And
then eventually
or lastly or finally
you if you sort out
from 1,
2,
3,
4,
5,
6,
and 7.
You have really come to a very good
understanding
of Al Qad Al Fakayyah, and you would
have come to a great you know, when
we discuss the differences between these,
Al Qad Al Fakayyah
and these 7, different talk would have come
to a very good understanding
of the science effect and related,
sciences
as well.
We will take a 15 minute break, and
we will come back for Adab al Mufrad
inshallah.